In every culture there exists unwritten law—obligations and prohibitions that are understood and passed on, and transgressions that are punished. Folk Law, a comprehensive two-volume collection of essays, examines this meeting place of folklore and jurisprudence. The contributors explore the historical significance and implications of folk law, its continuing influence around the globe, and the conflicts that arise when folk law diverges from official law.
The collection begins by defining various forms of “folk law,” drawing on examples from many cultures. The second section provides historical profiles of pioneering figures in the study of folk law. Following sections examine field research techniques used to identify folk laws; aspects of folk law within the realm of rituals, songs, and other forms of expressive culture; instances where folk law comes into conflict with national law, and the role of folk law in the international arena. The volumes also include description and analysis of two approaches to folk law—the rule approach, in which scholars dissect the codes that underlie folk law, and the case approach, in which researchers examine specific cases involving folk law.
Valuable for students and scholars of law, folklore, or anthropology, this extensive casebook marks a rare interdisciplinary approach to two important areas of research.
Trust, Ethnicity, and Identity deals with the economic role of laws and institutions in achieving social order in a decentralized economy. Specifically, this book considers the coordinating role of three major nonprice institutions--ethnic trading networks, contract law, and gift-exchange--in economizing on transaction costs and thus facilitating the process of exchange in decentralized economies in different historical contexts.
The major unifying theme of the book is this: identity matters when traders operate in an environment characterized by contract uncertainty, where the legal framework for the enforcement of contracts is not well developed. This in turn points out the importance of trust embedded in particularistic exchange relations such as kinship or ethnicity.
One unique facet of this book is that the author uses a property rights--public choice approach--part of the New Institutional Economics--to provide a unifying theoretical framework to explain such diverse exchange institutions as contract law, ethnic trading networks, and gift-exchange, In addition, it goes beyond the New Institutional Economics paradigm by incorporating some crucial concepts from sociology, anthropology, and bioeconomics, such as social structure, social norms, culture, reciprocity, and kin-related altruism. This broad interdisciplinary framework gives Landa's work a relevance beyond economics to law, political science, sociology, anthropology, and bioeconomics.
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